20180703 TZHC Dar es Salaam

20180703 TZHC Dar es Salaam

The plaintiff failed to prove lawful acquisition or prior survey of the disputed plots. The government survey and acquisition under the 20,000 plots project preceded the plaintiff's purported survey and was conducted lawfully with public notice and compensation. The plaintiff's survey was subsequent, unlawful, and based on misrepresentation of the area. The revocation of the plaintiff's certificate was properly effected and gazetted. The plaintiff is not entitled to the reliefs sought.

Citation
20180703 TZHC Dar es Salaam
Parties
Plaintiff: Mbegu Rajab Mfaume; 1st Defendant: The Hon. Attorney General; 2nd Defendant: The Permanent Secretary, Ministry of Lands, Housing and Human Settlement Development; 3rd Defendant: The Hon. Minister, Ministry of Lands, Housing and Human Settlement Development; 4th Defendant: Laurence Mujug Museru; 5th Defendant: Saidi Moshi Mhila; 6th Defendant: Hassan Salum Omar; 7th Defendant: Kaessar Valalabdas Sagar; 8th Defendant: Lusungu Hemed Hongoli; 9th Defendant: Rosemary Joseph Mabula; 10th Defendant: Scholastica Mtwale Masinde; 11th Defendant: Mohamed K. Mohamed; 12th Defendant: Abdul Karim Ally Hamis; 13th Defendant: Aisha Selemani Seiph; 14th Defendant: Dr. Adam Patrick Nyaruma; 15th Defendant: Mfaume Hussein Mfaume; 16th Defendant: Idoi Hussein Mfaume; 17th Defendant: Ayoub Ally Mkonde
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 July 2018
Procedural Posture
Land Case / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Revocation of Right of Occupancy, Compensation for Compulsory Acquisition, Survey and Resurvey of Land, Public Interest Acquisition, Procedural Validity of Land Title, Mesne Profits
Source Language
English
Land Law Administrative Law Revocation of Right of Occupancy Compensation for Compulsory Acquisition Survey and Resurvey of Land Public Interest Acquisition Procedural Validity of Land Title Mesne Profits

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Parties

Mbegu Rajab Mfaume

Plaintiff

The Hon. Attorney General

1st Defendant

The Permanent Secretary, Ministry of Lands, Housing and Human Settlement Development

2nd Defendant

The Hon. Minister, Ministry of Lands, Housing and Human Settlement Development

3rd Defendant

Laurence Mujug Museru

4th Defendant

Saidi Moshi Mhila

5th Defendant

Hassan Salum Omar

6th Defendant

Kaessar Valalabdas Sagar

7th Defendant

Lusungu Hemed Hongoli

8th Defendant

Rosemary Joseph Mabula

9th Defendant

Scholastica Mtwale Masinde

10th Defendant

Mohamed K. Mohamed

11th Defendant

Abdul Karim Ally Hamis

12th Defendant

Aisha Selemani Seiph

13th Defendant

Dr. Adam Patrick Nyaruma

14th Defendant

Mfaume Hussein Mfaume

15th Defendant

Idoi Hussein Mfaume

16th Defendant

Ayoub Ally Mkonde

17th Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the survey and acquisition of Plot Nos. 100 and 101 by the plaintiff was lawful
  2. 2 Whether there was a resurvey of Plot Nos. 100 and 101 by the second defendant
  3. 3 If resurvey occurred, whether it was lawful

Ratio Decidendi

The plaintiff failed to prove lawful acquisition or prior survey of the disputed plots. The government survey and acquisition under the 20,000 plots project preceded the plaintiff's purported survey and was conducted lawfully with public notice and compensation. The plaintiff's survey was subsequent, unlawful, and based on misrepresentation of the area. The revocation of the plaintiff's certificate was properly effected and gazetted. The plaintiff is not entitled to the reliefs sought.

Court Disposition

Suit dismissed with costs

Orders

  • Plaintiff's suit is dismissed in its entirety with costs.